نوع مقاله : مقاله علمی - پژوهشی
1 استادیار دانشگاه آزاد اسلامی واحد آیتالله آملی، گروه حقوق خصوصی، آمل، ایران
2 دانشجوی دکتری حقوق جزا دانشگاه آزاد اسلامی واحد ساری
عنوان مقاله [English]
In tort law, Force Majeure is considered to be one of the obstacles to civil liability. Accordingly, damage caused by Force Majeure in compulsory insurance Act of 1968 was excluded from insurance coverage and law. In amending the Compulsory Insurance Act of 2008, excluding damage caused by Force Majeure of insurance coverage was removed, and the question is raised as to whether the damage caused by Force Majeure is under the purview of the law or not? In the Compulsory Insurance Act of 2016, this question becomes more important because on the one hand, this law has not mentioned about excluding damage caused by Force Majeure from the, on the other hand, any accident caused by a vehicle because of fortuitous events has placed under the law. To answer this question, we first review the concept of Force Majeure by means of conducting a comparative study in French law and then the effect of Force Majeure in compulsory insurance laws will be compared with the general rules of liability in Iranian and French law.